How To Get A Legal Easement

A utility easement will transfer with the land or run with the landthat is if you sell your house the next owner. A county clerk then can help you use that reference number to locate the original easement document for you to make a copy of.

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An easement exists if there was permission given for an activity to occur at some point.

How to get a legal easement. You can find out by looking over your paperwork. If the easement does not already exist as it very well may depending on how long the property has been split on. Easements are often recorded at the county clerks office and encumber your propertys title.

While you certainly do not need a lawyer to create or grant an easement to your neighbor it might be a good idea to retain one. Individual state law defines the time period that calls for an easement by prescription. Easements can be granted by landowners and written and recorded at a county clerks office or implied as necessary without any written action.

It almost always requires some sort of overt legal action or procedure to remove an easement. When registered and recorded the easement becomes an encumbranceor a claimon the lands title. Youll find easements on deeds plats and other homeowner documents.

Easements are legal and sometimes not so legal rights to the use of property granted to a nonowner. Continuous use for a specific period of time. Utility easements are usually written into your deed.

Legal Support to Grant an Easement Seeking the services of a lawyer when the neighbor attempts to force the easement is vital. Other ways to find information about private property easements include working with a title insurer and contacting utility companies directly. To get an easement by prescription the following criteria must be met.

Another place that you could search for an easement is at city hall. For example in the state of Michigan someone must have been using the land for at least 15 years before they can get the easement. Its designed to give public or private utility companies the right to enter your property and install or modify equipment there for the good of the.

If your neighbor received an easement to ensure a view of a lake for example you couldnt renovate expand or even plant a tree that would block your neighbors view. Updated May 08 2019. The landowner may need to retain his or her rights to the property and apply an easement that is only beneficial for the one neighbor or for specific situations and a lawyer can assist with these processes.

Easements are commonly granted to public utility companies for example for various power or plumbing lines. One of the most common property easements is called a utility easement. A property easement is generally written in the property deed and recorded with the county clerk.

An easement is a few lines of legal jargon that gives someone other than you the right to do something on your property. Youll probably have to take the matter to. Getting a Property Easement In such a case the process of obtaining the easement is almost always very simple it is typically done by court order.

Any easement that is recorded on the title to your property will include a reference number. These grounds to terminate easements are all legally viable but theyre often opposed by one party or the other. If youre not sure if theres an easement on your property its best to do a title search to find out.

Obtain a copy of the deed by searching public records.

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